Friday, March 2, 2007

Bill would bar restaurants from using trans fatty acids

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Gazette file photo
Freta Habteselasie serves crabs, shrimp and cheese fries at the Silver Diner in Rockville, which last year switched to trans fat-free oil.
ANNAPOLIS — A Maryland legislator wants to ban trans fatty acids from restaurants.

But a hearing in the House Health and Government Operations Committee Tuesday brought stiff opposition from restaurateurs.

Although the industry ‘‘110 percent agree” with the unhealthful effects of trans fat, according to Melvin Thompson of the Restaurant Association of Maryland, restaurant owners draw the line at legislation that would ban the fats altogether.

‘‘We are market-driven,” Thompson said. ‘‘As the market makes more opportunities [for trans fat alternatives] available, we will change. The same way we changed from lard to trans fats in the 1980s, we did not need legislation then and we do not need it now.”

Del. James W. Hubbard (D-Dist. 23A) of Bowie, the bill’s sponsor, said Marylanders are dying every day from the effects of trans fat.

‘‘I’m a firm believer in public health,” Hubbard said. ‘‘The more we wait, the more people are going to be sick and have their arteries clogged.”

Trans fatty acids — also known as hydrogenated fats — are made by turning vegetable oils into solid fats through the use of hydrogen. They are commonly found in pastries and fried foods. Trans fats raise so-called bad cholesterol, which in turn causes coronary heart disease, according to the U.S. Food and Drug Administration. More than 500,000 Americans die from this disease each year, according to the National Institutes of Health.

Hubbard’s bill allows establishments to sell pre-packaged foods with labels identifying their trans fat content. However, it prohibits restaurants from preparing any foods with ingredients containing more than a half gram per serving of trans fat for customers. A restaurant must keep on-site all the manufacturer labels for ingredients used in its products.

The legislation does not threaten a fine or license revocation. Rather, violators would be posted on the Department of Health and Mental Hygiene’s Web site until the violation is corrected.

Small businesses such as bakeries would suffer most under the bill, Thompson said. They do not have the resources to purchase the trans fat alternatives that are monopolized by large chains such as McDonald’s, he said.

‘‘Bakers say to me, ‘If they mandate this, I’m going to turn to butter,’” Thompson said.

Richard McClure, general manager of Carroll’s Creek Café in Annapolis, told the committee that the prohibition is not fair because it targets only restaurants, not manufacturers and grocery stores.

‘‘I can sell a muffin in my restaurant that comes pre-wrapped with a label that has trans fat, but I cannot sell one of my own,” McClure said.

Hubbard pointed out to the committee that many restaurants are already ‘‘ahead of the curve.” McDonald’s and the Silver Diner are both examples of restaurants offering trans fat-free foods.

In December, the New York City Board of Health mandated that all city restaurants remove artificial trans fats from their foods for an 18-month period starting July 1. Violators could be fined anywhere from $200 to $2,000.

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